Tribunal extends orders against Aisha Jumwa's ODM expulsion

Tuesday March 12 2019

SAM KIPLAGAT
By SAM KIPLAGAT
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Malindi legislator Aisha Jumwa was once again reprieved on Tuesday, by the disputes tribunal's extension of orders stopping her expulsion from the Orange Democratic Movement (ODM).

The tribunal first came to Ms Jumwa's rescue on March 4, its deputy registrar stopping the removal of her name from the list of ODM members.

On Tuesday, the Political Parties Disputes Tribunal gave Raila Odinga's party 10 days to file its response.

The team chaired by Mr Kyalo Mbobu, together with Ms Desma Nungo and Dr Adelaide Mbithi, had heard that the party was yet to file its response in the case.

The tribunal directed the parties to appear before it on May 7.

THE VOTE

ODM delegates voted to eject the member of parliament for disloyalty, owing to her support for Deputy President William Ruto and his bid for the presidency come 2022.

The decision was ratified by the party’s National Governing Council on March 1.

Ms Jumwa was to suffer this punishment alongside Msambweni MP Suleiman Dori but he apologised and was spared.

Mr Odinga's party accused them of advancing the interests of another party by openly campaigning for the DP to succeed President Uhuru Kenyatta when he retires that year.

The Malindi MP was accused of gross misconduct and disrespect to the party and its leadership.

FIGHT

Ms Jumwa has fought against her punishment, accusing the party of disregard for the law, corruption and double standards, where Mr Dori is concerned.

She accuses ODM of flouting the rules of natural justice and the right to fair hearing, as guaranteed by the party's constitution.

The MP moved to the tribunal saying she was apprehensive that ODM would submit the decision to the Registrar of Political Parties, who will delete her name from the register.

She filed an appeal against her expulsion but she was denied representation by the NGC on claims that there was no provision for representation and defence.

NO COMPLAINT

Ms Jumwa says she was served with a show cause later by the party's national chairman but that it was vague.

The MP also says she was not served with a written and signed complaint as alleged and that the disciplinary process was initiated without this complaint.

She further says the NEC was not properly constituted and that there was no valid report to consider as required by the party’s constitution.

“All these processes were unlawfully conducted through flouting the ODM constitution, the rules of natural justice and the right to a fair hearing, as guaranteed under the party's constitution and the Political Parties Act," she said.

She added that the expulsion was unprocedural and illegal and said she would not bow to intimidation.

“I will pick up the fight from where they left off. The journey has begun,” she said on March 3. "Aisha Jumwa is now stronger than before. I am not a person you scare with threats.”

The ODM leader has told her that she will return to the fold only after apologising.